I cant see how any of it would matter at all. Most everything Amiga related has expired patents. What could any legal team even do at this point? 3.X is no longer being developed and whoever holds the rights should just make a public statement to have at it and improve on what you can. The community of developers that can even make use of this stuff is so small that it should be a no brainer to let them look and give back.
Yeah; McEwen got his money-tap turned off ages ago, didn't he? When Petti Kouri died? I doubt he could mount much of an offense against anyone doing anything with OS3.1 at this point. That's even assuming he ever had paper rights to it anyway which I doubt.